have left of which Mad'me de Riedesel and yourself were an important part. Mrs. Jefferson in this particular sympathizes with me, and especially on her separation from Mad'me de Riedesel. We are told you set out for the Berkely springs about the middle of month. We fear that this excursion, necessary for your amusement to diversify the scenes of discomfort, may deprive us of the pleasure of seeing you when we come to Monticello the last of this month. We shall stay there about a month. Mrs. Jefferson joins me in compliments to yourself & Mad'me de Riedesel, I shall be able to execute her commission as to the spoons and bring them up with me.

TO GENERAL WASHINGTON.

W. MSS.

WMSBURG, July 17, 1779.

SIR, I some time ago enclosed to you a printed Copy of an order of Council, by which Governor Hamilton was to be confined in Irons in close Jail. This has occasioned a letter from General Phillips of which the inclosed is a Copy. The General seems to suppose that a prisoner on capitulation cannot be put into close confinement tho' his Capitulation shall not have provided against it. My idea was that all persons taken in war were to be deemed prisoners of war. That those who surrender on capitulation (or convention) are prisoners of war also, subject to the same treatment with those who surrender at discretion, except only so far as the terms of their capitulation or convention shall have guarded them. In the

Capitulation of Governor Hamilton (a Copy of which I inclose) no stipulation is made as to the treatment of himself or those taken with him. The Governor, indeed when he signs, adds a flourish of reasons inducing him to capitulate, one of which is the generosity of his Enemy. Generosity on Generosity on a large and comprehensive Scale seems to dictate the making a signal example of this gentleman; but waiving that, these are only private motives inducing him to surrender, and do not enter into the Contract of Colonel Clarke. I have the highest idea of the sacredness of those Contracts which take place between nation and nation at war, and would be the last on earth who should do anything in violation of them. I can find nothing in those Books usually recurred to as testimonials of the Laws & usages of nature and nations which convicts the opinions, I have above expressed, of error. Yet there may be such an usage as General Phillips seems to suppose, tho' not taken notice of by these writers. I am obliged to trouble your Excellency on this occasion, by asking of you information on this point. There is no other person whose decision will so authoritatively decide this point in the public mind, and none with which I am disposed so implicitly to comply. If you shall be of opinion that the bare existence of a Capitulation in the case of Governor Hamilton privileges him from confinement, tho' there be no article to that Effect in the capitulation, justice shall most assuredly be done him. The importance of this question in a public view, & my own anxiety under a charge

of violation of national faith by the Executive of this Commonwealth will I hope apologise for my adding this to the many, many troubles with which I know you to be burthened. I have the honor to be with the most profound respect & esteem

Yr Excellency's mo obedt & mo hble Servt.

P. S. I have just received a Letter from Colo. Bland containing information of numerous desertions from the Convention Troops (not less than 400 in the last fortnight). He thinks he has reason to believe it is with the connivance of some of their officers. Some of these have been taken, all of them going northwardly. They had armed themselves with forged passports, and with Certificates of having taken the oath of fidelity to the State; some of them forged, others really given by weak magistrates. I mention this to your Excellency as perhaps it may be in your power to have such of them intercepted as shall be passing through Pennsylvania & Jersey.

Your letter inclosing the opinion of the board of officers in the case between Allison & Lee is come

safe to hand after a long passage. It shall be answered by next post.

TO THE GOVERNOR OF CANADA.
(SIR GUY CARLETON.)

V. S. A.

WMSBURG, July 22d, 1779.

SIR,--Your letter on the subject of Lieutenant Governor Hamilton's confinement came safely to hand. I shall with great cheerfulness explain to you the

reasons on which the advice of Council was founded, since after the satisfaction of doing what is right, the greatest is that of having what we do approved by those whose opinions deserve esteem.

We think ourselves justified in Governor Hamilton's strict confinement on the general principle of National retaliation. To state to you the particular facts of British cruelty to American prisoners, would be to give a melancholy history from the capture of Colo. Ethan Allen, at the beginning of the war to the present day, a history which I will avoid, as equally disagreeable to you and to me. I with pleasure do you the justice to say that I believe these facts to be very many unknown to you, as Canada has been the only scene of your service in America, and, in that quarter, we have reason to believe that Sir Guy Carleton, and the three officers commanding there, have treated our prisoners (since the instance of Colo. Allen) with considerable lenity. What has been done in England, and what in New York & Philadelphia, you are probably uninformed; as it would hardly be made the subject of epistolary correspondence. I will only observe to you, Sir, that the confinement and treatment of our officers, soldiers and seamen, have been so rigorous and cruel, as that a very great portion of the whole of those captured in the course of this war, & carried to Philadelphia while in possession of the British army and to New York, have perished miserably from that cause only; and that this fact is as well established with us, as any historical fact which has happened in the course of the war. A

Gentleman of this Commonwealth in public office, and of known and established character, who was taken on the sea, carried to New York and exchanged, has given us lately a particular information of the treatment of our prisoners there. Officers taken by land, it seems, are permitted to go on parole within certain limits of Long Island, till suggestions shall be made to their prejudice by some Tory refugee, or other equally worthless person, when they are hurried to the Provot in New York, without enquiring "whether they be founded upon positive facts, be matter of hearsay, or taken from the reports of interested men." The example of enquiring into the truth of charges of this nature according to legal principles of evidence, has surely not been set us by our enemies. We enquired what these Provots were and were told they were the common miserable jails, built for the confinement of malefactors. Officers and men taken by sea were kept in prison ships infe[sted] with [ ]ught

on by the crowd [Parts of one line and all of another at bottom of the page lacking] from five to ten a day. When therefore we are desired to the possible consequence of treating prisoners with rigour, I need only ask when did those rigours begin? not with us assuredly. I think you, Sir, who have had as good opportunities as any British officer of learning in what manner we treat those whom the fortune of war has put in our hands can clear us from the charge of rigour as far as your knowledge or information has extended. I can assert that Governor Hamilton's is the first instance which has occurred in my own coun